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(영문) 대전지방법원 2018.12.13 2018고합435
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2018, the Defendant found the victim E (nive, 4 years of age) who is a child of a customer while drinking alcohol at a D restaurant located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant: (a) discovered the victim E (nive, 4 years of age); and (b) Dac, “for example,” the victim Dac,” and (c) Doc, after the victim’s own victim’s back to the victim, Doctrine the victim’s double arms, Doc, etc., and said, the victim was not the victim.

Even though sound had been sound, the part of the victim's bridge continued to reach the victim's bridge.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to F, G, and E;

1. Two recorded CDs;

1. Application of Acts and subordinate statutes to CD 1 (cinematographics at the time of committing a crime);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the proviso of Article 56(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (the crime of this case is not a crime against many and unspecified persons; the defendant has no record of punishment due to sexual crimes; the defendant can be punished due to personal information registration of the defendant against the defendant and lectures to treat sexual assault; the defendant's age, family environment; the circumstances leading up to the crime of this case; the disclosure order; the anticipated side effects and anticipated side effects that the defendant would suffer; and profits and profits.

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